DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd T/A Black River Quarry and Townsville Concrete
(AG2018/2614)

BARRO GROUP TOWNSVILLE CONCRETE, QUARRY & TRANSPORT ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Barro Group Townsville Concrete, Quarry & Transport Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Townsville Concrete, Quarry & Transport Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barro Group Pty Ltd T/A Black River Quarry and Townsville Concrete. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 23 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Barro Group Pty Ltd, trading as Black River Quarry and Townsville Concrete, applied for approval of the Barro Group Townsville Concrete, Quarry & Transport Enterprise Agreement 2018. The application was brought before the Commission in response to objections raised by the Australian Manufacturing Workers’ Union. The primary issue before the Commission was whether the agreement met the legal criteria for approval under the Fair Work Act 2009, particularly focusing on whether it provided for fair and reasonable terms and conditions of employment.

The Commission considered various aspects of the agreement, including its compliance with the mandatory terms set out in the Act. The objections raised by the union centred on the terms and conditions regarding shift patterns, rest breaks, and allowances. The Commission carefully examined these provisions to ensure they were fair and reasonable in the context of the industry and the parties involved. After thorough deliberation, the Commission determined that the agreement substantially complied with the legal requirements for approval.

The Commission found that while there were some minor deficiencies, these did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the enterprise agreement, subject to certain minor modifications to address the identified issues. The final orders included the approval of the agreement with specified amendments, ensuring that the terms and conditions were fair and reasonable for the employees covered by the agreement.

Barro Group Pty Ltd T/A Black River Quarry and Townsville Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established